Appeal No. 2003-0862
Application No. 09/518,032
generally available to one of ordinary skill in the art that would have led that individual to
combine the relevant teachings of the references to arrive at the claimed invention.
See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).
Murray
With respect to claim 1, the examiner’s position is that Murray discloses a hair
care composition comprising 0.0001 to 0.4% by weight of a silicone conditioning agent.
Murray discloses that the silicone conditioning agent comprises volatile silicones, non-
volatile silicones and mixtures thereof. Murray, column 3; Answer, page 4. The non-
volatile silicone component may be a mixture of more than one non-volatile silicone. Id.
The non-volatile silicone fluids include silicone fluids and silicone gums. The examiner
finds that Murray discloses dimethicone silicone fluids and dimethicone silicone gums
having the claimed viscosity. Id. Amino functionalised silicones are also disclosed.
Murray, column 4. Murray discloses that when highly viscous silicones are used they
may be incorporated into a volatile silicone solvent, which according to the examiner,
exhibits the instantly claimed viscosity. Answer, page 4. With respect to claim 8, a
mechanical emulsion is disclosed in Murray at column 6. The examiner acknowledges
that Murray does not explicitly teach the combination of all three silicones. Answer,
page 5.
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